JFK Court Report: Recent Cases from Specific Claims Tribunal

Halalt First Nation (“Halalt”) sought to amend its Declaration of Claim (“Claim”) to add the allegation that the Crown breached its fiduciary obligation to obtain and return to reserve status a portion of expropriated land previously owned by a railway company. The amendment was allowed. The Tribunal gave a broad and liberal interpretation of its powers under the Specific Claims Tribunal Act (“Act”) to receive evidence relevant to the alleged facts, given that the objective of the Act is to provide timely, just and final decisions to advance reconciliation. The Tribunal found that the proposed amendment alleges another breach of fiduciary duty that is inextricably bound up with the foundation of the Claim.